If my mother and I are co-owners of a condo, when she dies is it automatically mine?

Question

My mother had a stroke and is critical. Both of our names are on the deed. If she dies do I become the sole owner?

Douglas Tull · Answer

Not if you were  co-tenants  mom's  interest has to be probated.  If you were joint tenants with rights of survivor ship  then you do become the sole owner.

Mark T. Peters · Answer

It depends.  If you are joint tenants, then yes.  If you are tenants in common, then no.

Kathleen Delacy · Answer

If titled as joint with right of survivor ship.

Susan Wideman · Answer

If you are owners as joint tenants with rights of survivorship (this needs to be stated on the deed) you will be the owner upon her death and recording of her death certificate.

Norman Reitz · Answer

If the title is joint tenancy, you are the sole owner. If the title is tenancy in common, you own half and the estate of your mother owns half.

Bernard H. Greenberg · Answer

In Colorado, the answer depends on whether your "co-ownership" is joint tenancy or tenancy in common. You can see this from the face of Deed. Once you determine that you have the answer to your question.  If the title is joint tenancy, then, at your Mother's death, you will be the sole owner of the property, subject to any mortgage.  On the other hand, if the property is titled as tenants in common, then your Mother's 1/2 interest will pass through her probate estate.  You will also need to consider your basis as the step-up in basis works differently with each form of title.

Victor Waid · Answer

Yes, but after death you will need to file an affidavit of death terminating a joint tenancy so the property will be in your name on record title, particularly if you want to sell the property.

James E. Reed · Answer

Depends on how you hold title.  If the condo was conveyed to your mother and you, without any additional explanation, then her estate would own her 1/2 after her death.  If the condo was conveyed to your mother and you, as joint tenants, or, as joint tenants with full rights of survivorship, then you would become the owner on her death.

Charles Perry · Answer

Your rights to the condo depend on a number of things.  If the deed says that you are your mother are "joint tenants," then   you receive the condo.  If the deed does not say that, then your   mother's share of the condo passes through her estate.  It is not   possible to tell you what happens to the condo in this situation,   without first getting a lot more information from you.

James Oberholtzer · Answer

It depends on which type of co-ownership you have.  If you are tenants in common, then the answer is "no".  If you are joint tenants with the right of survivorship, then the answer is 'yes".

Carl Silver · Answer

Depends on whether you hold title with your mother as joint tenants with right of survivorship or tenants in common. Need to read the deed.

Monica H. Donaldson Stewart · Answer

If the deed reflects that you are "joint tenants with right of survivorship" then the surviving owner will received the deceased owner's share. If you own it as "tenants in common," then her share would be distributed as part of her estate upon her death.

Charles Cruikshank · Answer

It all depends on whether you and your mother are "joint tenants with right of survivorship" or some other form of co-tenancy such as "tenants-in-common". "Joint tenants with right of survivorship" gives the survivor sole ownership on the death of the first to die, while "tenancy-in-common" only gives the survivor 1/e ownership.

Richard Keyes · Answer

If you and your mother own the condo as joint tenants, then up her death you get her half.  However, if you and your mother own the condo as tenants in common, then her estate owns half upon her death. Please have an attorney review the deed.

Darin Christensen · Answer

It depends on how ownership is titled. If you are tenants in common, you do not automatically become the sole owner. If your form of ownership includes rights of survivorship, then you would become the sole owner.

John Brennan · Answer

I would have to see the deed and its language to form an opinion.

James Frederick · Answer

It depends on HOW you are co-owners. If you are joint tenants or joint tenants with rights of survivorship, then the property would belong to you, upon your mother's death. If it is held as tenants in common, or if it simply says both of your names and nothing else, then probate would be necessary for your mother's half of the property. Michigan law presumes a tenancy in common, unless the deed says otherwise.

Scott Pesetsky · Answer

Depends on what the deed says, and what her will and/or trust says. Bring all the documents to an attorney's office.

Brian Haggerty · Answer

Maybe; the deed may say that you are "tenants in common," or "not as tenants in common, but with right of survivorship." If you are tenants in common, her interest needs to transfer through probate.

Randy Harvey · Answer

The answer to your question depends on how the title is held to the condo. If the title is listed as joint owners with right of survivorship, then you would be the owner following her death. If it is listed in some other form the answer becomes more complicated.

Jeffrey W. Wilkinson · Answer

Depends upon how the two of you own it. If the deed reads that you own it as Joint Tenants with rights of survivorship then you can file a death certificate with an affidavit of joint tenancy and you would become the sole owner upon her death. If the deed does not read as joint tenants then you do not "automatically" own it.

Neil Lehto · Answer

If you are tenants in common or joint tenants with rights of survivorship you may or may not become sole owner. A lawyer would need to see your deed. Meanwhile, of course, your ownership continues.

Norman Green · Answer

How is title held, i.e., what does it say on the deed? Are you tenants in common? Joint tenants with right of survivorship? Co-partners? Something else?

Christine James · Answer

It depends upon how title is held. If it is joint tenancy, generally yes but you still have to file an affidavit to clear her name off of title. If it is any other form, you may have to go through a process such as probate to clear title.

David Leon · Answer

Not necessarily. It depends on how exactly it's titled. If it's titled as "joint tenants, with rights of survivorship" then yes. Otherwise, her 1/2 will go to her heirs.

Rick Lee Denker · Answer

Under Oklahoma law, if the condo is owned by your mother and yourself as joint tenants with rights of survivorship, the property will become yours upon her death.  If the deed does not designate you as joint tenants, your ownership interest may be as tenants in common.  In that event, you own one-half of the condo and she owns the other one-half. Her half would them go to her heirs at law, of if she has a will, to the beneficiaries of her estate listed in the will.

Brooke Ashton · Answer

The quick answer is no, but maybe. It really depends on how the property is titled. Are you tenants in common or joint tenants with rights of survivorship. If you are tenants in common, then you would only own half the condo, your mother's half would go to her heirs. If you are joint tenants with rights of survivorship, then you would be the sole owner of the condo upon her death.

Erven Nelson · Answer

It depends on how the property is titled. If in joint tenancy, it would pass to you upon her death after you record a document. If the title does not specify joint tenancy, her 50% would go to her heirs or estate. You should consider having her deed it to you now, or into a trust.

Jeffrey Gottlieb · Answer

There are two different kinds of co-ownership: (a) tenancy in common, and (b) joint tenancy with right of survivorship. If it is the latter, then yes. If it is the former, then no.

Dara J. Goldsmith · Answer

It all depends upon on how title is held. You should discuss the title specifics with an attorney.

Kenneth Gold · Answer

Really depends how the deed is worded. If I can help please contact me.

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If my mother and I are co-owners of a condo, when she dies is it automatically mine?

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